Terms & Conditions
ONLINE COUNSELLOR
TERMS AND CONDITIONS
Effective Date: 30 July 2023
1. NATURE OF ONLINE COUNSELLOR'S SERVICES
Online Counsellor operates as a facilitation and referral company.
Online Counsellor's role is to assist clients in identifying, accessing and connecting with suitably selected counsellors, therapeutic professionals and/or other professional practitioners who provide the relevant services required by the client.
Unless expressly stated otherwise in writing, Online Counsellor is not itself the treating practitioner, counsellor, psychologist, therapist, healthcare professional or other professional practitioner providing the individual professional service.
The professional service is provided by the individual practitioner or professional to whom the client is referred or connected.
Each practitioner remains responsible for the professional services that they personally provide, including their professional conduct, scope of practice, professional standards, ethical obligations, clinical decisions and applicable professional registration requirements.
Online Counsellor may assist with administration, coordination, scheduling, communication, referrals, payments and other facilitation functions relating to the services.
The identity, qualifications, professional registration, scope of practice and suitability of an individual practitioner may vary according to the service being requested.
Where applicable, clients are encouraged to verify the practitioner's professional registration and credentials before commencing services.
2. SERVICES
Online Counsellor facilitates access to counselling and related professional support services, which may include virtual counselling sessions, chat-based counselling and other related services offered by the relevant professional practitioner.
The exact nature, duration, frequency and format of services will depend on the service requested and the practitioner providing the service.
Online Counsellor does not guarantee that any particular practitioner, treatment approach, outcome or result will be suitable for every client.
The relationship relating to the professional service is ultimately between the client and the practitioner providing that service, subject to any separate agreement between the client and Online Counsellor.
3. CLIENT ELIGIBILITY AND CONSENT
Clients must generally be 18 years of age or older to independently enter into an agreement for services.
Where services are requested for a person under the age of 18, the required consent of a parent, legal guardian or other legally authorised person must be obtained where required by law.
Where a minor receives services, the person providing consent may be required to provide information confirming their authority to consent to the services.
The parent, guardian or legally authorised person acknowledges that counselling and therapeutic services involving a child may be subject to specific legal, ethical and professional requirements concerning confidentiality, disclosure, consent and the best interests of the child.
Nothing in these Terms and Conditions is intended to limit or override any rights or protections afforded to children under applicable South African law.
Where Online Counsellor facilitates services on behalf of an organisation, school, employer or other entity, the person requesting or authorising the services confirms that they have the necessary authority to do so.
4. CLIENT RESPONSIBILITIES
Clients agree to:
a. provide accurate, complete and truthful information when registering for or using services;
b. provide relevant information that may reasonably be required to assist in identifying an appropriate practitioner;
c. inform Online Counsellor and/or the relevant practitioner of any material change in circumstances that may affect the provision of services;
d. attend scheduled sessions punctually and in an appropriate environment that allows the session to take place privately and without unnecessary interruption;
e. treat practitioners, Online Counsellor staff and other persons involved in the provision of services respectfully and professionally;
f. not engage in threatening, abusive, discriminatory, harassing or inappropriate conduct;
g. not knowingly provide false information or attempt to mislead Online Counsellor or a practitioner;
h. comply with reasonable instructions provided by the relevant practitioner regarding the use of technology and the conduct of online sessions; and
i. make all payments due in accordance with the applicable payment terms.
5. CONFIDENTIALITY AND LIMITS OF CONFIDENTIALITY
Online Counsellor recognises the importance of confidentiality in counselling and therapeutic services.
Information provided by clients will be handled with appropriate care and, where applicable, in accordance with applicable professional, ethical, privacy and legal requirements.
However, confidentiality is not absolute.
Information may be disclosed where disclosure is required or permitted by applicable law, where necessary to address a serious safety concern, where required for the protection of a child or vulnerable person, where required by a lawful order or legal process, or in other circumstances recognised by applicable law or professional ethical requirements.
The relevant practitioner may also have professional or legal obligations that require information to be disclosed in particular circumstances.
Where Online Counsellor is required to process or disclose information in accordance with law, Online Counsellor will do so only to the extent reasonably required or permitted.
Clients acknowledge that electronic communication and online counselling carry inherent risks, including risks associated with internet connectivity, technology failure, unauthorised access and cybersecurity incidents.
Although reasonable measures will be taken to protect information, Online Counsellor cannot guarantee that electronic communication or online systems will be completely secure.
Clients are responsible for taking reasonable steps to protect their own privacy, including using secure devices, private environments and appropriate passwords.
6. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Online Counsellor respects the privacy of clients and undertakes to process personal information in accordance with applicable South African privacy legislation, including the Protection of Personal Information Act 4 of 2013 (POPIA), where applicable.
Personal information may include identification information, contact information, financial information, information relating to the services requested, and other information reasonably necessary for the facilitation and administration of services.
Where applicable, health, mental-health and other sensitive information may constitute special personal information and will be handled in accordance with applicable legal and professional requirements.
Information relating to children will be handled in accordance with applicable legal requirements relating to children's personal information.
Personal information may be collected and processed for purposes including:
a. responding to enquiries;
b. facilitating referrals to appropriate practitioners;
c. arranging and administering appointments;
d. processing payments;
e. communicating with clients and authorised representatives;
f. maintaining appropriate administrative and service records;
g. complying with legal, regulatory and professional obligations;
h. protecting the rights, safety and interests of clients, practitioners and other persons; and
i. other purposes communicated to the client and permitted by applicable law.
Personal information will not be used for unrelated purposes without an appropriate lawful basis.
Clients acknowledge that where Online Counsellor facilitates a referral to an independent practitioner, certain information may need to be shared with that practitioner for the purpose of facilitating the requested service.
Further information concerning the collection, use, storage, retention and protection of personal information may be contained in Online Counsellor's Privacy Policy.
7. CHILDREN AND YOUNG PERSONS
Where services are provided to a child or young person, Online Counsellor and the relevant practitioner will take into account applicable legal, ethical and professional requirements concerning children.
The best interests of the child will be considered in accordance with applicable law.
Parents and guardians acknowledge that counselling is intended to provide an appropriate professional environment for the child and that the practitioner may need to maintain appropriate professional boundaries concerning information shared by the child.
A parent or guardian does not automatically have unrestricted access to every communication or detail arising from a child's counselling relationship where applicable law or professional obligations provide otherwise.
At the same time, confidentiality relating to a child may be limited where disclosure is required or permitted by law, where there is a significant safety concern, where the child requires protection, or where disclosure is otherwise required in accordance with applicable legal or professional obligations.
Where there is disagreement between parents, guardians or other parties concerning the provision of services to a child, Online Counsellor and/or the relevant practitioner may require appropriate documentation confirming who has legal authority to consent to the services.
8. EMERGENCY AND CRISIS SERVICES
Online Counsellor is not an emergency, crisis-response or suicide-prevention service.
Online counselling services should not be used as a substitute for emergency medical treatment, emergency psychiatric intervention, crisis intervention, hospital care or other immediate emergency services.
If a client or another person is experiencing an immediate emergency or is at risk of serious harm, they should contact the appropriate emergency service immediately or attend the nearest emergency department.
In South Africa, the following numbers may be used:
National Emergency Number from a cellphone: 112
South African Police Service: 10111
Ambulance/Emergency Medical Services: 10177
SADAG Suicide Crisis Helpline: 0800 567 567
Clients should not rely on Online Counsellor, an online counselling session, email, messaging or any other communication with Online Counsellor as an emergency response mechanism.
If an emergency or crisis becomes apparent during a session, the relevant practitioner may take reasonable steps within their professional scope to encourage the client to access appropriate emergency assistance and may contact an appropriate third party or emergency service where permitted or required by law.
9. COUNSELLING SESSIONS
9.1 Scheduling
Sessions may be scheduled through Online Counsellor or directly through the relevant practitioner, depending on the service arrangement.
Session duration and frequency will be communicated to the client before or at the time of booking.
9.2 Cancellations and Rescheduling
Clients are required to provide at least 24 hours' notice when cancelling or rescheduling an appointment.
Where less than 24 hours' notice is provided, or where a client fails to attend a scheduled session, the applicable session fee may remain payable.
Repeated cancellations, missed appointments or late arrivals may result in Online Counsellor or the relevant practitioner reviewing or terminating the service arrangement.
9.3 Late Arrival
Where a client arrives late for a session, the practitioner may be unable to extend the session beyond the originally scheduled finishing time.
The full session fee may remain payable where the client arrives late, subject to the practitioner's applicable cancellation and payment policy.
9.4 Technical Problems
Clients are responsible for ensuring that they have a suitable device, internet connection, appropriate software and a reasonably private environment for online sessions.
Where a session cannot proceed because of technical difficulties attributable to the client, the session may be treated as a missed or interrupted appointment, subject to the applicable cancellation policy.
Where technical difficulties are attributable to the practitioner or Online Counsellor, reasonable efforts will be made to reschedule or otherwise address the issue.
9.5 Session Conduct
Clients are expected to behave respectfully and appropriately during all sessions.
Online Counsellor and/or the relevant practitioner may suspend or terminate a session where a client engages in threatening, abusive, discriminatory, sexually inappropriate, harassing or otherwise unacceptable conduct.
10. PROFESSIONAL BOUNDARIES AND APPROPRIATE USE OF SERVICES
Clients acknowledge that counselling and therapeutic services require appropriate professional boundaries.
Clients must not:
a. threaten or intimidate practitioners or Online Counsellor personnel;
b. engage in harassment or discriminatory conduct;
c. attempt to establish an inappropriate personal, financial or other relationship with a practitioner;
d. repeatedly contact practitioners outside approved communication channels;
e. record, distribute or publish sessions without appropriate consent and where such recording is not otherwise permitted by law or professional requirements;
f. impersonate another person;
g. provide knowingly false information; or
h. use the service for purposes unrelated to the professional service being provided.
Online Counsellor and/or the relevant practitioner may take appropriate action, including suspension or termination of services, where professional boundaries are breached.
11. FEES AND PAYMENT
11.1 Service Fees
Services are subject to the fees communicated to the client at the time of booking or as otherwise agreed.
11.2 Payment
Payment must be made in accordance with the applicable payment terms.
Where payment is required in advance, the appointment may not be confirmed until payment has been received.
11.3 Non-Payment
Where an account remains unpaid, Online Counsellor reserves the right to suspend future services until outstanding amounts have been settled.
11.4 Fee Changes
Online Counsellor reserves the right to change its fees from time to time.
Any applicable fee changes will be communicated to clients before they become applicable to future services.
11.5 Refunds
Refunds will be dealt with in accordance with the applicable cancellation policy and any rights provided to the client by applicable law.
12. RECORDS AND DOCUMENTATION
Online Counsellor and/or the relevant practitioner may create and maintain records reasonably required for the administration, facilitation and professional provision of services.
The nature and extent of records maintained will depend on the role performed by Online Counsellor and the professional practitioner.
Professional practitioners may be required to maintain professional records in accordance with applicable professional, ethical and legal requirements.
Records will be stored and handled in accordance with applicable privacy and data-protection requirements.
Clients may request access to personal information held about them, subject to applicable law and any lawful limitations on access.
Where records concern a child, access will be determined in accordance with applicable law, the child's rights and best interests, and relevant professional obligations.
13. THIRD-PARTY, PARENT, GUARDIAN AND ORGANISATIONAL INVOLVEMENT
Where a third party, parent, guardian, school, employer, organisation, insurer or other entity arranges or pays for services, this does not automatically entitle that party to unrestricted access to confidential counselling information.
Information may only be shared where there is an appropriate legal, professional or other lawful basis for doing so.
Where appropriate, Online Counsellor and/or the relevant practitioner may require written consent or other appropriate authority before information is shared.
Where an organisation is paying for or arranging services, the scope of information that may be shared with that organisation should be clarified before services commence.
14. COURT, LEGAL AND FORENSIC PROCEEDINGS
Online Counsellor does not provide court-related, forensic or medico-legal services unless expressly agreed in writing as a separate service.
Neither Online Counsellor nor practitioners facilitated through Online Counsellor are engaged through these Terms and Conditions to:
a. attend court on behalf of a client;
b. appear as an expert witness;
c. provide expert evidence;
d. prepare medico-legal or forensic reports;
e. prepare reports for use in litigation;
f. provide professional opinions for the purpose of supporting or opposing a legal case;
g. provide assessments specifically intended for use in custody, divorce, maintenance, criminal, civil or other legal proceedings;
h. provide statements or documentation for the purpose of advancing a client's legal position; or
i. participate voluntarily in legal proceedings on behalf of either party to a dispute.
The services facilitated through Online Counsellor are intended to provide counselling, therapeutic support and/or other professional services for the benefit of the client and are not intended to create evidence for use in legal proceedings.
By booking or continuing with services, the client, parent, guardian or other person responsible for arranging the services acknowledges and agrees that Online Counsellor is not being engaged to provide court-related services.
Where Online Counsellor becomes aware that the counselling relationship, counselling records, therapeutic relationship or client has become involved in or is likely to become involved in a legal or court proceeding, Online Counsellor and/or the relevant practitioner reserves the right, subject to applicable law and professional obligations, to review whether continuation of the service is appropriate.
Where appropriate, Online Counsellor and/or the relevant practitioner may suspend or terminate the services where involvement in legal proceedings creates a conflict of interest, compromises professional boundaries, affects the therapeutic relationship, changes the purpose for which the service is being used, or otherwise makes continued service provision inappropriate.
In particular, where services are being provided to a child and a dispute or legal proceeding arises between parents, guardians or other parties, Online Counsellor and/or the relevant practitioner may review whether continued involvement is in the best interests of the child and whether the professional relationship can appropriately continue.
The client agrees that the discovery of a legal dispute, court proceeding or intended legal proceeding may result in Online Counsellor or the relevant practitioner withdrawing from the service relationship, subject to applicable law and professional obligations.
Nothing in this section is intended to prevent or restrict Online Counsellor or any practitioner from complying with a valid legal obligation, lawful subpoena, court order, statutory requirement or other compulsory legal process.
Where disclosure or participation is legally required, Online Counsellor and/or the relevant practitioner will comply with the applicable legal obligation to the extent required by law.
15. TERMINATION AND WITHDRAWAL FROM SERVICES
Either Online Counsellor, the relevant practitioner or the client may terminate the service relationship, subject to applicable legal and professional obligations.
Online Counsellor and/or the relevant practitioner may suspend or terminate services where:
a. fees remain unpaid;
b. the client repeatedly misses appointments;
c. the client breaches these Terms and Conditions;
d. the client engages in threatening, abusive, harassing or inappropriate conduct;
e. professional boundaries are repeatedly breached;
f. the practitioner determines that the service is no longer appropriate within their professional scope;
g. a conflict of interest arises;
h. court or legal proceedings create circumstances in which continued involvement is inappropriate;
i. the client requires a level of emergency or specialist intervention that cannot appropriately be provided through the service;
j. continued service provision may be contrary to applicable law, professional requirements or the client's best interests; or
k. another legitimate professional or operational reason exists.
Where reasonably practicable, the client will be informed of the reason for termination and, where appropriate, may be referred to another suitable professional or service.
Termination does not affect any rights or obligations that arose before termination.
Outstanding fees remain payable following termination, subject to applicable law.
16. LIMITATION OF LIABILITY
To the extent permitted by applicable law, Online Counsellor will not be liable for indirect, incidental, special or consequential loss arising from the use of services facilitated through the Company.
Online Counsellor is a facilitation company and does not control the professional decisions, therapeutic methods, clinical judgments or professional conduct of independent practitioners, except to the extent that such matters fall within Online Counsellor's own legal responsibilities.
Online Counsellor does not guarantee any particular therapeutic, psychological, emotional, behavioural or other outcome from services.
Clients acknowledge that counselling and therapeutic services are professional services and that outcomes may vary between individuals.
Nothing in these Terms and Conditions is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable South African law.
17. INDEMNITY
To the extent permitted by law, the client agrees to indemnify and hold Online Counsellor harmless against claims, losses, damages or expenses arising directly from the client's unlawful conduct, intentional misconduct, misuse of the service or material breach of these Terms and Conditions.
This indemnity does not apply to liability arising from conduct that cannot lawfully be excluded or indemnified.
18. INTELLECTUAL PROPERTY
All content made available through the Online Counsellor website or platform, including text, graphics, logos, images, videos, documents and other materials, is protected by applicable intellectual property laws.
Unless otherwise stated, such content remains the property of Online Counsellor or its licensors.
Clients are granted a limited, non-exclusive, non-transferable right to access and use such content for personal purposes connected with their use of the services.
Clients may not reproduce, modify, distribute, publish, sell, commercially exploit or otherwise use Online Counsellor's intellectual property without prior written permission.
19. COMMUNICATIONS
Online Counsellor may communicate with clients by email, telephone, SMS, messaging applications or other communication methods provided by the client.
Clients acknowledge that electronic communications may carry risks and may not always be secure.
Clients are responsible for ensuring that the contact information they provide is accurate and current.
Online Counsellor is not responsible for delays or failures in communication resulting from incorrect contact information, network failure, technology failure or circumstances outside the Company's reasonable control.
20. COMPLAINTS AND CONCERNS
Clients are encouraged to raise concerns about the services as soon as reasonably possible.
Where the concern relates to the conduct or professional service of an individual practitioner, the complaint may need to be directed to the practitioner or the relevant professional regulatory body, depending on the nature of the complaint.
Online Counsellor may assist with the administrative handling of complaints relating to services facilitated by the Company.
Where the practitioner is registered with a professional regulatory body, clients may also have rights to raise appropriate complaints directly with that regulatory body.
21. THIRD-PARTY PROFESSIONAL PRACTITIONERS
Where Online Counsellor facilitates a client referral to an independent practitioner, that practitioner may operate independently from Online Counsellor.
The practitioner remains responsible for ensuring that they practise within their professional scope, qualifications, registration requirements, ethical obligations and applicable law.
Online Counsellor will take reasonable steps within its role as a facilitation company when selecting or referring practitioners, but does not guarantee the outcome of services provided by an independent practitioner.
Nothing in these Terms and Conditions is intended to remove or reduce any professional practitioner's own legal or professional obligations.
22. FORCE MAJEURE
Online Counsellor will not be responsible for failure or delay in providing administrative or facilitation services where such failure or delay results from circumstances reasonably outside the Company's control, including serious technical failures, telecommunications failures, natural disasters, public emergencies, strikes, governmental restrictions or other circumstances beyond reasonable control.
23. CHANGES TO THESE TERMS AND CONDITIONS
Online Counsellor reserves the right to amend these Terms and Conditions from time to time.
Where material changes are made, reasonable notice may be provided through the website, email or another appropriate communication method.
Continued use of the services after the effective date of amended Terms and Conditions constitutes acceptance of the amended Terms, subject to applicable law.
24. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Subject to any mandatory legal requirements and any applicable consumer rights, disputes arising from or relating to these Terms and Conditions shall be dealt with in accordance with the applicable laws and jurisdiction of the Republic of South Africa.
Nothing in these Terms and Conditions prevents a client from exercising any statutory right or remedy available to them under applicable South African law.
25. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall, to the extent necessary, be severed or limited without affecting the validity and enforceability of the remaining provisions.
26. NO WAIVER
Failure by Online Counsellor to enforce any provision of these Terms and Conditions at any particular time does not constitute a waiver of the Company's right to enforce that provision at a later time.
27. ENTIRE AGREEMENT
These Terms and Conditions, together with any applicable Privacy Policy, service-specific terms, payment terms and other written agreements expressly incorporated into them, constitute the agreement between the client and Online Counsellor concerning the use of the Company's facilitation services.
Where a separate agreement exists between a client and an individual professional practitioner, that agreement may govern the professional relationship between the client and that practitioner.
28. ACCEPTANCE OF THESE TERMS
By accessing the Online Counsellor website, making an enquiry, booking a service, making payment, attending a session or otherwise using services facilitated through Online Counsellor, you confirm that:
a. you have read these Terms and Conditions;
b. you understand their contents;
c. you have had an opportunity to raise questions or seek clarification where necessary;
d. you agree to comply with these Terms and Conditions; and
e. you understand that Online Counsellor operates as a facilitation company and that professional services are provided by the relevant professional practitioner.
Where services are arranged for a child or another person, the person arranging the services confirms that they have the appropriate authority to do so.
If you do not agree to these Terms and Conditions, you should not use the services.
ONLINE COUNSELLOR – BUSINESS DETAILS
Legal Entity: Online Counsellor (Pty) Ltd
Registration Number: 2023 / 901735 / 07
Physical/Registered Address: 33 Second Street, Greymont, Johannesburg, Gauteng, 2194
Email: info@onlinecounsellor.co.za
Website: www.onlinecounsellor.co.za
Effective Date: 30 July 2023